J S AGRO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of the complaint No. 41 dated 30.04.2010 under sections 3(k) (i) and 29 (1) (a) see rule 33 of the Insecticide Act, 1968, pending in the Court of Shri Raman Sharma, Civil Judge Junior Division cum Judicial Magistrate 1st Class Amloh, District Fatehgarh Sahib and all subsequent proceedings arising therefrom. Facts, in short, are that on 20.07.2007, Dr. Arjan Singh, Insecticide Inspector, Amloh, District Fatehgarh Sahib inspected the shop of petitioner No. 1 and drew sample of Cartap Hydrochloride 4% G from 5 kg. Original sealed packing manufactured by M/s. Coromandel Agrico Pvt. Limited Sikandrabad (UP) from Batch No. 0707156 having its manufacturing date July, 2007 and the expiry date June, 2009 in the present Shri Har-mail Singh. Petitioners No. 2 and 3 is stated to the partners of the firm and were not there in the pre-' misses at the time when the sample was drawn. After drawing and dividing the sample into three parts, one part of the sample was given to Shri Harmail Singh and two parts of the sample were retained by the Insecticide Inspector, out of which one part of the sample was sent to the Insecticide Testing Laboratory, Amritsar and the same was found misbranded. Thereafter, the complaint in question was filed in the Court of Judicial Magistrate 1st Class, Amloh.

(2.) While impugning the complaint, learned counsel for the petitioners submitted that the petitioners are dealers and the sample was taken from the original packing. It was also contended that the said packing was sealed and opened for the first time when the sample was drawn. As such, the petitioners are not responsible for the manufacturing defect, if any. The same is the responsibility of the manufacturing Company. It is further stated that there is no allegation of tampering with the original packing.

(3.) Learned counsel for the respondent State was unable to dispute that the sample was drawn from the original packing or that there was any tampering with the original packing.